SIDEWALK AGREEMENT WAIVER (5)
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C I T Y
o F
CLEAll.\VATEH.
POST OFFICE BOX 4748
CLEARWATER, FLORIDA 3_3518
CITY' MA"""GER
January 26, 1983
Mr. and Mrs. Robert M. O'Connor
l537 Myrtle Avenue
Clearwater, Florida 33516
15 L/" R A I L.12offP ()()
Re: 1537~Avenue: Lots36 and 37, together ~lith the southerly
seven feet of Lot 38, Block A, Bellmont Subdivision, 2nd Addition,
according to the plat thereof as recorded in Plat Book 6, Page 88,
of the Public Records of Pinellas County, Florida.
CERTIFIED MAIL -
RETURN RECEIPT RE.qUESTED
Dear Mr. and Mrs. O'Connor:
In accordance with Section l33.09 of the Code of Ordinances of the
City of Clearwater, I have reviewed your request for a temporary
sidewalk installation waiver.
Since there are no sidewalks within 200 feet of your property, you
meet the requirements as set forth in the aforementioned Code section.
Therefore, I am pleased to inform you that a temporary waiver of the
sidewalk installation requirement i8 granted on the above-referenced
property. Should it be determined that a sidewalk is required at your
location in the future, it will be installed by the assessment process.
cc: Elizabeth S. Haeseker, Assistant City Manager
Roy J. Ayres, Building Director
Keith Crawford, Traffic Engine~ing Director
Lucille Williams, City Clerkv'
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'EQ...JAL EMPLOYMENT AND J,FFIRMATIVE ACTION EMPLOYER--
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THIS AGREEMENT, made and entered into this _-<J__day of ~~
A. D. 19 K~ by and between the CITY OF CLEARWATER, ORIDA, a mu~cipal
corporation, hereinafter referred to as "City"; and (7 ~. T /f,( ~~o H
~. 0 'Co.v'V'o Q , hereinafter referred to as 'Owner ,
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WITNESSETH:
WHEREAS, the Owner owns the following described real property r I'~-
situated in the City of Clearwater, Pine lIas County, Florida, to wit :;J1~;J'1- /.:J
~tP'-" ?b ~b 37 ~6E",H~'<.. {p /T;i/ THE
atPq I~~~ L r 7 F ~-e -,.- . (f) t- .0 ~~\ .8 ~ . l? L.o c It: /J.. /~ ~';;t! 4'f-
~CI~j)(II'S(o,,/ d~ 4~.:r>""t".-(O"; 4c<:~/.2<-p"V6... % T.,,~ -P .
-r flE:R ~ 01= &o:s R ~C><?..:b e:::-~ ' i IV' ~ h/J- r Ii' -<-:c' -? "...~. ~.. K t!
and of 7ff.~ fc<./1 L;L ~€''C"~I'..:2A-S (;F' fi4'~LL-4-s &'CCPct"'(,.~' -r-~C'Jt(!J~"-_
WHEREAS, Sec. 133.09 of the Code of Ordinances of the City requires
that all land that abuts a public right-of-way, which is to have new con-
struction on it, either for residential, commercial, industrial or other
purposes, shall have sidewalks constructed by the Owner on, across or ad-
jacent thereto; and
WHEREAS, the affected property owner has appealed requesting a
temporary waiver of the sidewalk installation requirement; and
WllliREAS, the City Manager pursuant to Sec. 133.09 (e) (1) has found
the following conditions exist, as set out in his findings attached hereto
as Exhibit A, such as warrant the granting of a temporary waiver; and
WHEREAS, the owner of the property described herein understands that
the waiver granted .herein is only temporary in character and that this
agreement must provide a reasonable period of time for the waiver to be
effective;
NOW, THEREFORE, in consideration of the foregoing premises and other
good and valuable consideration between the parties, receipt of which is
hereby acknowledged, the parties hereto covenant and agree as follows:
1. The City in light of the facts found as set forth in Exhibit A
attached nereto and made a part herein as if fully rewritten, grants to
the Owner a temporary waiver of the sidewalk installation requirement im-
posed by Sec. 133.09 of the Code of Ordinances of the City of Clearwater.
2. The temporary waiver granted shall commence on
and run until the condition or reason for granting the waiver as set out in
Exhibit A is removed or otherwise changed.
3. The Owner understands and agrees that the waiver granted herein
is temporary in character and that it does not excuse the Owner or successors
in interest from the sidewalk requirements imposed by Sec. 133.09 of the
Code of Ordinances of Clearwater. The Owner further agrees that should
the condition set out in Exhibit A which presently exists on the property
and which was sufficient to warrant granting the waiver be corrected during
.he period of this waiver, then the Owner will inunediately comply with the
cQuirements of Sec. 133.09 as it relates to sidewalk installation.
4. If the Owner or his heirs, personal representatives, successors or
fss~gns shall fail to have sidewalks installed for the described real property
i~ n~cordance with City specifications and standards within ninety (90) days
frc the notification by the City, then the City may have the sidewalks in-
stalled and assess and impose a lien against the described property for the
cost of the work.
5. This agreement is to be regarded as a covenant running with the
land regardless of whether it is specifically mentioned in any deeds or
conveyance subsequently executed, and this agreement shall be binding on all
parties, the heirs, personal representatives, successors or assigns.
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6. All notices pursuant to the agreement shall be furnished to
the respective parties- at the fOllowing addresses~ untU receipt of: written
instructions notifying theoth~r party of a different address I
CITY:
City Manager
P.O. Box 4 7 lj 8
Clearwater, Florida 33518
OWNER ;
IN WITNESS WHEREOF, the parties hereto h.ave caused these present
to be executed the day and year las-t above written.
By
Countersigned:
Mayor-Commiss-ioner
Approved as to form & correctness:
Attest:
City Clerk
City Attorney
WITNESSES:
CITY
As to City
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As to Owner
STATE OF FLORIDA )
COUNTY OF PINELLAS)
I HEREBY CERTIFY, that on this
before me personally appeared
day of
, 19_
and
, respectively City
Manager, City Attorney, City Clerk and Mayor-Conunissioner of the City of
Clearwater, a municipal corporation existing under the laws of the State
of Florida, to me known to be the individuals and officers described in and
who executed the foregoing Agreement and severally acknowledged the execu-
tion thereof to be their free act and deed as such officers thereunto duly
authorized; and that the official seal of said municipal corporation is
duly affixed thereto, and the said Agreement is the act and deed of said
corporation. -
WITNESS my signature and official seal at Clearwater in the County of
Pinellas and State of Florida, the day and year last above written.
My Commission Expires:
Notary Public
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STATE OF FLORIDA 1
COUNTY OF PLNELLASl
Before me personally appeared 'fliBLR..T f16_:c.a~~' O~~T)/t' s {Jec2#NI?,If'
to we well known and knO\oJn to TIle to be the indivIduals oescribed in and
who executed the foregoing agreement and acknowledged befor~<riie ~hat
they executed the same for the purposes therein expressed~:/' -..'~< -;
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WI'rNESS my hand and official seal this' &" rlt day o~___~~~e ~8& R
19 ~ . r-.. tJ .' :,..- '-. :;;,;,. :.~
'Y7~#
My Commission Expires:
Notary Public, Stute of Florida
Mv (ommi~sioa b;:iTCS J~n. 25, 1985
80ndJd Thru Troy f.::.io . :.1suran,c, .Ioc..
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